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1989 Supreme(All) 487

High Court of Allahabad
S.C.Mathur & R.K.Saxena, JJ.
Harish Chandra Gupta
Vs.
Sagistrar Firms, Societies
Writ Petition No : 7574 of 1989
Decided On : Oct 21, 1989

Advocates:
Advocate Appeared:
S.K.Kalia, D.P.Singh, A.N.Mishra

The Registrar's power to delegate functions under section 25(2) of the Societies Registration Act, 1860 is limited to the matters specified in the provision and does not include the function of finalizing the list of members.

Headnote:

SOCIETIES REGISTRATION ACT, 1860 - SECTION 25(2) - ELECTION OF OFFICE-BEARERS - DELEGATION OF POWER - LIST OF MEMBERS - FINALISATION - JURISDICTION OF REGISTRAR AND NOMINEE.

Fact of the Case:

A dispute arose regarding the election of the Committee of Management for a Senior Basic Jeevan Udhar Madhyamik Vidyalaya. The Prescribed Authority, acting under section 25(1) of the Societies Registration Act, 1860 (the Act), directed fresh elections to be held. The Tahsildar, acting on the Registrar's instructions, fixed a date for the election without finalizing the list of members, leading to a challenge to the election's validity.

Finding of the Court:

The court held that the Registrar has the power to delegate functions under section 25(2) of the Act, but this power is limited to the matters specified in the provision. The court found that the function of finalizing the list of members is implicit in the function of calling the meeting of the general body and cannot be delegated to the Registrar's nominee.

Issues: 1. Whether the Registrar can delegate the entire power exercisable by him under section 25(2) of the Act to the Tahsildar? 2. Whether the Tahsildar can rely on an outdated list of members for conducting the election?

Ratio Decidendi: The court interpreted section 25(2) of the Act and held that the Registrar's power to delegate is limited to the matters specified in the provision, which do not include the function of finalizing the list of members. The court reasoned that finalizing the list of members is implicit in the function of calling the meeting of the general body and that this function cannot be delegated to the Registrar's nominee.

Final Decision: The court allowed the petition and held the election held on 14th September, 1989 to be non-est. The Registrar was directed to cause the Committee of Management to be constituted in accordance with law, taking into account the observations made by the court.

JUDGMENT

S. C. Mathur, J.

1. This petition is directed against the election notified to be held on 14th September, 1989 by the Tahsildar Haidergarh, district Barabanki, for constituting Committee of Management for the Senior Basic Jeevan Udhar Madhyamik Vidyalaya, Chauras Garhi, Barabanki. The petitioner's principal grievance is that the date of election has been fixed without there being an authentic voters list. Another grievance of the petitioner is that three has been violation of section 25 (2) of the Societies Registration Act. 1860, for short the Act. The petition has arisen in the circumstances hereinafter indicated.

2. Elections were held on 7th December, 1986 for constituting Committee of Management for the aforesaid institution At this election it was claimed by the petitioner that he was elected Manager. The rival group claimed that elections were actually held in June, 987 at which another Committee of Management had been constituted. This dispute raised by rival claimants came up before the Registrar of Firms, Societies and Chits and he referred the same under section 25 (1) of the Act to the Prescribed Authority (Sub Divisional Magistrate, Haidergarh, Barabanki). The Prescribed Authority by its order dated 1st May, 1989, Annexure 9, held that neither of the contending committees had been legally constituted It was accordingly directed that fresh elections be held within two months. On 17th July, 1989, Annexure 4. Deputy Registrar appointed Tahsildar, Haidergarh, Barabanki, for holding the election in pursuance of the direction made by the Prescribed Authority. The Tahsildar required the petitioner to submit list of members of the Society by 28th July, 1989 The petitioner claims to have submitted a list of 52 members on 28th July, 1989, Annexure 5. Some date was fixed for election. This date was postponed by the Tahsildar by his order dated 14th August, 1989, Annexure 6, on the ground that postal stamps had been supplied to him for giving information of the date of election to the members of the General Body. On 17th August, 1989, Annexure 10, the Tahsildar wrote to the Deputy Registrar saying that there were differences between the President, Sri Ram Bharosey (Opposite party no. 3) and the Manager (the present petitioner) regarding the members of the Society. He requested the Deputy Registrar to send him a recent list of the members of the Society, if he had one with him, by order dated 28th August, 1989, Annenure 8, the Tahsildar fixed 14th September, 1989 at 10 a.m for the election. On 1st September, 1989, Annexure 7, the Tahsildar passed order saying that in view of the order dated 30 August, 1989 passed by the District Basic Education Officer, Barabanki, and the order dated 21st August H88 passed by Sri Ajai Deep Singh, the present Sub-Divisional Officer. Haidergarh, notices of the date of election had been sent to the persons mentioned at serial nos. 1 to 83 of the list submitted on 18th July, 1986. A copy of this list is Annexture 9 to the writ petition. It purports to bear the signatures of the petitioner and the President. On 4th September, 1989. Annexure 11, the Deputy Registrar replied to the Tahsildar's letter dated 17th August, 1989, Annexure 10. In this reply the Deputy Registrar stated that no approved list of members was available in his office nor there was any requirement to obtain such a list. He further stated that the Tahsildar may obtain list of members from the contending parties and get them exchanged between them and obtain their objections and decide them at his own level and prepare a voters list and conduct election on its basis. Despite this letter of the Deputy Registrar, the Tahsildar struck to his schedule of holding election on 14th September, 1989 at 10 a.m. Aggrieved by this action of the Tahsildar, the petitioner filed the instant petition. The petition was taken up on 12th September, 1989 when appearance was put in by Sri D. P. Singh Advocate on behalf of Ram Bharosey, opposite












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